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22.03.050 Hearings Procedure.

(Amended by Ordinance No. 173369, effective May 12, 1999.)

A.  Unless precluded by law, informal disposition of any proceeding may be made, with or without a hearing by stipulation, consent order, agreed settlement, or default.  However, after issuance of notice of hearing, no building occupied as a residential structure may be vacated based on an informal disposition unless approved by the Code Hearings Officer.

B.  Parties may elect to be represented by counsel and to respond to and present evidence and argument on all issues involved.

C.  An order adverse to a party may be issued upon default only upon a prima facie case made on the record before the Code Hearings Officer.

D.  Testimony shall be taken upon oath or affirmation of the witness from whom received.  The Code Hearings Officer may administer oaths or affirmations to witnesses.

E.  The Code Hearings Officer shall place on the record a statement of the substance of any written or oral ex parte communications made to the Code Hearings Officer on a fact in issue during the pendency of the proceedings.  The Code Hearings Officer shall notify the parties of the communication and of their right to rebut such communications.

F.  The record in a proceeding before the Code Hearings Officer shall include:

1.  All pleadings, motions, and intermediate rulings;

2.  Evidence received or considered;

3.  Stipulations;

4.  A statement of matters officially noticed;

5.  Questions and offers of proof, objections, and rulings thereon;

6.  A statement of any ex parte communications on a fact in issue made to the Code Hearings Officer during the pendency of the proceedings;

7.  Proposed findings and exceptions; and

8.  Any proposed, intermediate, or final order prepared by the Code Hearings Officer.

G.  A verbatim, written, mechanical, or electronic record shall be made on all motions, rulings, and testimony.  The record shall be transcribed for the purposes of court review pursuant to Section 22.04.010 unless the parties to such review waive the transcript.  If the City prevails on such review, the reasonable costs of preparing the transcript, including such costs as are specified in Section 5.48.030 of this Code, shall be allowed as a part of the City's costs in such action.  However, upon petition, a court having jurisdiction to review may reduce or eliminate the charge upon finding that it is equitable to do so, or that matters of general interest would be determined by review of the order of the Code Hearings Officer.

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